Councillors want legal advice on landbank sale plan

Councillors objecting to plans to sell a publicly-owned landbank in Cork want legal advice on four key issues relating to how the land disposal process was handled.

At a meeting behind closed doors last night, they agreed the wording of a formal motion setting out exactly what issues they want examined in relation to the process which has led to the proposed disposal of the 2.83-acre site in Deanrock, Togher, to a developer for €450,000.

It is the city’s second attempt to dispose of this site.

Under this latest attempt, a developer wants to build a three-storey building with a supermarket, convenience stores, a pharmacy, and a HSE primary care centre.

However, the retail element of the project is facing bitter local and cross-party political opposition.

The city has been threatened with legal action over the issue, exposing it to potential damages of up to €15m, and councillors have claimed they were put under pressure to vote in a particular way on the disposal.

Despite the legal threat, councillors have deferred a decision on the disposal pending the receipt of an independent legal review of the process undertaken by the council pursuant to Section 183 of the Local Government Act.

They met in private before last night’s full council meeting to agree on the specific areas they want a senior counsel to review, including: — the legality of the deferral and the ability of the council to consider the disposal again; — was the time of notice in keeping with Section 183 of the act. The act says 10 days must pass and councillors have argued that only nine days passed before a decision to defer was made; — the significance of the omission from the original motion to dispose of the site of the name of the person from whom the land was acquired — the inclusion of the name is a requirement of the act; — and did the distribution of additional ‘special conditions’ at a late stage in the process affect the legal status of the motion to dispose.

Fine Gael councillor John Buttimer said he hoped the issue could be resolved soon.

“I hope we get appropriate and comprehensive legal advice in advance of the next full meeting of council and that some resolution can be arrived at before May 23 polling day in the local elections,” he said.

“We must also ensure that the right decision is made for the community of Togher.

“City Council must also work with the HSE to ensure that an appropriate site for a primary care centre can be identified and progressed to ensure the best health outcomes for the communities of Ballyphehane and Togher.”